Westchester Fire Insurance v. Continental Insurance
Westchester Fire Insurance Co., Richard B. Holcombe, Alice Holcombe and Wilbur S. Holcombe, Plaintiffs-Respondents. v. the Continental Insurance Companies, New Jersey Manufacturers Insurance Co., Defendants-Appellants and Motor Club Fire & Casualty Co., Jackie W. Eisner, Etc., Defendants-Respondents; Elmer Richard Potent, Guardian Ad Litem for Richard M. Potent, an Infant, Elmer Richard Potent and Charlotte Potent, Individually, Plaintiffs-Respondents, v. Jackie W. Eisner, Hallie Eisner, Elmer Eisner, Sr. and Richard B. Holcombe, Etc., Defendants-Respondents
Opinion
*153 Per Curiam.
The judgment is affirmed substantially for the reasons expressed by the Appellate Division.
Westchester Fire Insurance Co., Richard B. Holcombe, Alice Holcombe and Wilbur S. Holcombe v. The Continental Insurance Companies New Jersey Manufacturers Insurance Co., Motor Club Fire & Casualty Co., Jackie W. Eisner, etc., and Elmer Richard Potent, Guardian Ad Litem for Richard M. Potent, an infant, Elmer Richard Potent and Charlotte Potent, individually, vs. Jackie W. Eisner, Haltie Eisner, Elmer Eisner, Sr., and Richard B. Holcombe, Sr., etc, 126 N. J. Super.
For reversal — Hone.
For affirmance — Justices Jacobs, Hall, Mountain, Sullivan and Pashman — 5.
How later courts describe this case
Explanatory parentheticals written by citing courts — 5 in all; the most informative distinct ones are shown.
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(construing the phrase “arising out of” to mean “originating from,” “growing out of,” or having a “substantial nexus.”)
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(finding the insurance policy covered a bicyclist struck and killed by a stick thrown by a passenger in a moving car because such injuries were not uncommon and could be anticipated by parties to the insurance contract)
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(object thrown from car by passenger struck pedestrian; owner, operator and passenger covered by auto liability policy)
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(injury caused by stick discarded from a moving vehicle covered)
Cited by 70 cases
View all citing references →- U.S. Courts of Appeals2
- Federal District Courts3
- State Highest Courts13
- State Appellate Courts51
- State Trial Courts1
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